Technical Glitch in Trade Mark Registry website and Delay in filing Notice of Opposition
Introduction:This case concerns the procedural challenge faced by Malpani Enterprises in filing a notice of opposition against the trademark application for "R3 DÉCOR." The issue arose due to a technical glitch in the Registrar of Trademarks' online portal, which allegedly denied the petitioner their statutory right to oppose the trademark registration.
Background: Malpani Enterprises, the registered proprietor of the trademark "DECOR PLY," sought to oppose a conflicting trademark application for "R3 DÉCOR," alleging visual, structural, and phonetic similarity. The petitioner attempted to file the opposition on the last permissible day, but technical issues with the online portal led to delays.
Brief Facts of the Case: Petitioner's Trademark: "DECOR PLY," registered under Class 19 for goods like plywood and flush doors. The mark has been in continuous use since 2010. Conflicting Trademark: Application No. 5587879 for "R3 DÉCOR," accepted and published in the Trade Mark Journal on April 15, 2024. Opposition Deadline: August 15, 2024, extended to August 16, 2024, due to the national holiday. Technical Glitch: On August 16, 2024, the online portal erroneously displayed that the opposition period had lapsed. Physical Submission: The petitioner sent the notice of opposition via Speed Post on August 16, 2024, but it was received by the Registrar on August 19, 2024.Registrar's Rejection: The Registrar, citing Rule 14 of the Trade Mark Rules, 2017, deemed the opposition time-barred.
Issues Involved:
1. Whether the technical glitch in the online portal can deprive the petitioner of their statutory right to file a notice of opposition.
2. Whether the delay caused by the technical glitch should be condoned.
3. Whether the Registrar's rejection of the notice of opposition was justified under the Trade Mark Rules, 2017.
Submissions of the Parties:
Petitioner:Claimed a technical glitch in the online portal prevented the timely filing of the notice of opposition.Argued that the statutory right to oppose cannot be denied due to a technical error.Highlighted that the notice of opposition was prepared and sent on August 16, 2024, within the extended deadline.
Respondent (Registrar of Trademarks):Asserted that the notice of opposition was received on August 19, 2024, beyond the statutory period.Cited Rule 14 of the Trade Mark Rules, 2017, which considers the date of receipt as the relevant date.Claimed the portal's software automatically calculated deadlines, and the petitioner should have adhered to them.
Reasoning and Analysis by the Court:
1. Acknowledgment of the Technical Glitch:The court noted that the Registrar admitted the portal showed an incorrect deadline, thereby confirming the technical glitch.2. Statutory Rights:Justice Mini Pushkarna emphasized that statutory rights cannot be forfeited due to technical errors in the respondent's system.3. Responsibility of the Registrar:The court held that the Registrar, being responsible for maintaining a functional system, cannot penalize parties for glitches in their infrastructure.4. Equitable Considerations:Since the petitioner acted within the statutory deadline by attempting to file online and subsequently mailing the notice, the delay caused by the glitch was beyond their control.
Decision:The court quashed the Registrar's letter dated August 20, 2024, rejecting the notice of opposition.Directed the Registrar to accept and process the notice of opposition filed by the petitioner.Held that the petitioner cannot be penalized for the delay caused by a technical glitch.
Conclusion:This judgment reinforces the principle that statutory rights must not be compromised due to administrative inefficiencies or technical errors. The court’s decision ensures fairness and accountability, highlighting the Registrar's duty to maintain a functional and error-free system. By directing the Registrar to process the opposition, the court upheld the petitioner’s right to challenge conflicting trademarks within the prescribed legal framework.
Case Title: Malpani Enterprises vs. Registrar of Trademarks
Case No.: W.P.(C)-IPD 27/2024 & CM 87/2024
Neutral Citation: 2025:DHC:36
Court: High Court of Delhi at New Delhi
Date of Order: January 7, 2025
Judge: Hon'ble Ms. Justice Mini Pushkarna
Advocate Ajay Amitabh Suman
IP Adjutor
[Patent and Trademark Attorney]
High Court of Delhi
Email: ajayamitabhsuman@gmail.com
Phone: 9990389539
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